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ALDRICH vs. CIRCUIT JUDGE (Wayne)

Michigan Supreme Court1897-02-02No. No. 15874
1 McGrath 48169 N.W. 11083 D. L. N. 779

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

To vacate an order granting a writ of assistance in a foreclosure suit.

Denied February 2, 1897.

The granting of the writ was opposed by the solicitor for theo mortgagor, who made an oral claim of possession under leases issued by the city upon tax sales. Held, (1) that if the order entered is an improper one, appeal, and not mandamus, is the proper remedy; (2) that the objection raised should have been presented to the court in a more formal manner than by an oral claim.